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"EPA apparently sees no distinction between its public interest function and the special interests that lobby it," David Schnare, general counsel for the Energy & Environment Legal Institute, said in a statement. "The courts need to take a hard look at this collusive behavior and carefully examine the legal implications of EPA drafting rules in this fashion."

"We call on these AGs to immediately halt their investigation and lay out for the public the full extent of this collusion, producing all records or information provided them in briefings or other work with the outside activists, including those they are trying to keep secret through a Common Interest Agreement," Mr. Schnare said in a Friday statement.